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IPOPHL rolls out new rules to block piracy

Published Sep 24, 2023 15:21 pm  |  Updated Sep 24, 2023 15:21 pm

The Intellectual Property Office of the Philippines (IPOPHL) has unveiled the eagerly awaited rules on site blocking and restricting access to pirated websites to remove the Philippines from third place in East and Southeast Asia in terms of having the highest rate of piracy.

In observance of the Philippine Creative Industries Month this September, IPOPHL Director General Rowel S. Barba signed Memorandum Circular 23-025, or the Rules on Voluntary Administrative Site Blocking last Sept. 20, making them effective after two months from publication.

“The rules are a result of years-long work with the National Telecommunications Commission (NTC) and several internet service providers (ISPs) who refuse to sit down and watch while our creative industry suffers,” Barba said.

He expressed enthusiasm saying that “the Philippines now has an essential tool to protect the creativity that drives our economy and defines our cultural landscape” expecting the operation of the site-blocking mechanism soon.

In addition, Barba intends to emulate Indonesia's achievement, where more than 50 percent of users no longer or only occasionally use pirate services as a result of Indonesia's government's blocking efforts, which began in 2019.

“We encourage rights holders to optimize this tool and protect the value of your creative assets,” he said.

According to the regulations, the procedure begins when a rights holder or properly designated agent submits a written request to the IP Rights Enforcement Office (IEO) along with the required filing fees.

An IEO officer will assess the application right away and have 10 working days to deliver their evaluation report.

The report is sent to the Supervising Director or Deputy Director General for approval within five working days, containing a recommendation on the issuance or non-issuance of a site-blocking order.

The blocking request will be served to the website administrator, and if no contact details are found, a copy will be published on the IPOPHL website as due notice.

Website administrators have seven days to file a protest, which an IEO officer will assess within seven days, recommending the request to the Supervising Director or Deputy Director General.

If no protest is received from the website administrator within the given period, the Supervising Director or Deputy Director General will issue within 48 hours the site-blocking request to ISPs, which in turn must enforce the order in 48 hours.

ISPs can disable access either to entire Domain Name Systems (DNS); IP addresses; Uniform Resource Locators (URL) for targeted websites, or through any other alternative means.

To effectively implement the rules, IPOPHL signed last week partnership agreements with the NTC and ISPs, namely Globe Telecom, Inc., Smart Communications, Inc., PLDT, Inc., Sky Cable Corp., and DITO Telecommunity Corp.

The Memorandum of Understanding allows ISPs to block sites directly upon IPOPHL's request after a violation, streamlining the current process requiring NTC's involvement.

Meanwhile, IPOPHL's oversight extends to over 300 ISPs not included in IPOPHL's site-blocking MOU, requiring them to disable access to piracy sites.

“The NTC holds a pivotal role in the regulation and supervision of the telecommunication sector, establishing it as an indispensable ally in this initiative. Our partner ISPs are also critical partners, contributing their technical expertise to protect users and the broader digital ecosystem from online threats and illegal activities,” IEO Supervising Director and Bureau of Legal Affairs Assistant Director Christine V. Pangilinan-Canlapan said.

NTC Commissioner Ella Blanca Lopez stated that the MOA enhances cooperation within the interagency National Committee on Intellectual Property Rights, where IPOPHL is the acting chair and NTC is a member.

“This cooperation ensures a synchronized and streamlined approach to enforcing IP rights in the country. It is imperative that we work hand in hand to protect our creative economy,” Lopez said as she called on ISPs and local government units to enforce IP laws effectively.

The new regulations were announced by IPOPHL at a time when site blocking is becoming more popular as a successful anti-piracy tactic worldwide.

Since IPOPHL pushed for it in the legislation in 2020, efforts to adopt it in the Philippines have been ongoing.

That same year, A YouGov survey by AVIA's Coalition Against Piracy revealed that 49 percent of Filipinos use piracy streaming websites, ranking the Philippines third among East and Southeast Asian countries.

This required urgent action from regulators as the survey also showed that 53 percent of Filipinos believe a government order or law for ISPs to block piracy websites would be most effective in influencing consumers’ piracy behavior. (Ma. Joselie C. Garcia) 

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